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Terms & Conditions

Please read carefully this Terms of Service agreement before using this site.

Last updated on: July 17th, 2015

By signing up for the Comics Cantina service (“Service”) or any of the services of The Shooting Star Press Inc. (“Comics Cantina”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Comics Cantina under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service shall be also subject to these Terms of Service. You can review the current version of the Terms of Service at any time at https://www.Comics Cantina.com/terms. Comics Cantina reserves the right to update and change the Terms of Service by posting updates and changes to the Comics Cantina website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Comics Cantina’s Privacy Policy before you may become a Comics Cantina user.

For your convenience, we have included plain language summaries of each key section in these terms. These are for your reference only, and are not legally binding.

1. Account Terms

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

To access and use the Services, you must register for a Comics Cantina account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Comics Cantina may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

You acknowledge that Comics Cantina will use the email address you provide as the primary method for communication.

You are responsible for keeping your password secure. Comics Cantina cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Comics Cantina Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any term in the Terms of Service as determined in the sole discretion of Comics Cantina will result in an immediate termination of your services.

PLAIN LANGUAGE SUMMARY

Don’t use Comics Cantina for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation

Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

You acknowledge that PayPal Express Checkout will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts.

PLAIN LANGUAGE SUMMARY

The person signing up for the Comics Cantina Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service. PayPal will be your default payment processor.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of Comics Cantina.

Technical support is provided via email or phone.

The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

You acknowledge and agree that Comics Cantina may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Comics Cantina’s website, available at https://www.Comics Cantina.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Comics Cantina’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

You may not use the Comics Cantina service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Comics Cantina.

You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Comics Cantina or Comics Cantina trademarks and/or variations and misspellings thereof

Questions about the Terms of Service should be sent to rodolfo@ComicsCantina.com.

You understand that your Store Content (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by Comics Cantina, is governed by its privacy policy at https://www.ComicsCantina.com/privacy

PLAIN LANGUAGE SUMMARY

The Comics Cantina service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in the Province of Ontario.

Your content may be transferred unencrypted and may be altered, but payment information is always encrypted.

4. Comics Cantina Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any Comics Cantina customer, Comics Cantina employee, member, or officer will result in immediate Account termination.

Comics Cantina does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Comics Cantina employees and contractors may also be Comics Cantina customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

Comics Cantina retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Comics Cantina reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

PLAIN LANGUAGE SUMMARY

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Comics Cantina account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

You expressly understand and agree that Comics Cantina shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall Comics Cantina or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Comics Cantina partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Comics Cantina does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

Comics Cantina does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

Comics Cantina does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

PLAIN LANGUAGE SUMMARY

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

6. Waiver and Complete Agreement

The failure of Comics Cantina to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Comics Cantina and govern your use of the Service, superseding any prior agreements between you and Comics Cantina (including, but not limited to, any prior versions of the Terms of Service).

PLAIN LANGUAGE SUMMARY

If Comics Cantina chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Comics Cantina don't apply if they conflict with these terms.

7. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the material you provide to the Comics Cantina service. All material you upload remains yours. You can remove your Comics Cantina store at any time by deleting your Account.

By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Comics Cantina to display and store your Store Content; and (c) that Comics Cantina can, at any time, review all the Store Content submitted by you to its Service.

You agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.

By making your store public, you agree to allow others to view your content.

We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality

obligations; or (d) we are required by law to disclose.

PLAIN LANGUAGE SUMMARY

Anything you upload remains yours and your responsibility.

8. Payment of Fees

The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.

All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Comics Cantina’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Comics Cantina’s products and services. Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Comics Cantina’s products and services, you must provide us with a statement by email to rodolfo@ComicsCantina.com stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when Comics Cantina’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of Comics Cantina’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to rodolfo@ComicsCantina.com.

Comics Cantina does not provide refunds.

PLAIN LANGUAGE SUMMARY

You will be billed every 30 days and have 2 weeks to pay. Tax is not included and will be billed to your credit card. If you’re exempt from Canadian or U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.

9. Cancellation and Termination

You may cancel your Account at anytime by emailing rodolfo@ComicsCantina.com and then following the specific instructions indicated to you in Comics Cantina's response.

Upon termination of the Services by either party for any reason:

Comics Cantina will cease providing you with the Services and you will no longer be able to access your Account;

unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;

any outstanding balance owed to Comics Cantina for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your store website will be taken offline.

If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

We reserve the right to modify or terminate the Comics Cantina Service or your Account for any reason, without notice at any time.

Fraud: Without limiting any other remedies, Comics Cantina may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

PLAIN LANGUAGE SUMMARY

To initiate a cancellation, email rodolfo@ComicsCantina.com. Comics Cantina will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through Comics Cantina will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

10. Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days notice from Comics Cantina. Such notice may be provided at any time by posting the changes to the Comics Cantina Site (ComicsCantina.com) or the administration menu of your Comics Cantina store via an announcement.

Comics Cantina reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

Comics Cantina shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

PLAIN LANGUAGE SUMMARY

We may change or discontinue the service at anytime, without liability.

11. Optional Tools

Comics Cantina may provide you with access to third party tools over which Comics Cantina neither monitors nor has any control or input.

You acknowledge and agree that Comics Cantina provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Comics Cantina shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

Comics Cantina strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.

PLAIN LANGUAGE SUMMARY

We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.

12. DMCA Notice and Takedown Procedure

Comics Cantina supports the protection of intellectual property and asks Comics Cantina merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Comics Cantina’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

PLAIN LANGUAGE SUMMARY

Comics Cantina respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send Comics Cantina a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.